What is a taking without compensation?

A taking without compensation occurs when the government takes private property from a citizen without providing any form of compensation in return. Under California’s Eminent Domain Law, this can take place if the taking is deemed to benefit the public in some way. In other words, the government can take private property, such as land, in order to build a road, a school, or other public infrastructure. When this happens, the property owner must be given "just compensation" in exchange for the property taken. This can be either money or a replacement of equal value. However, if the government believes the taking would be for the public good, but the owner does not agree, the government may be allowed to “condemn” the property and take it without any form of compensation. In this case, the property is taken and the owner of the land is left with no form of financial compensation. In California, takings without compensation are rare and can only occur if the taking is deemed necessary for public use. The government must prove that the taking has a clear public use and would not be done just for private gain. If a citizen believes the taking to be unjust, they can file suit and the courts will review the case. In the end, both parties must come to an agreement, or the court will decide the outcome.

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What is a taking without compensation?

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